Week 5: Discussion, Summary & Reflection

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Rapeextrapowerpoint.pptx

RAPE

RAINN: Rape, Abuse, & Incest National Network

The exact definition of “rape,” “sexual assault,” “sexual abuse” and similar terms differs by state. The wording can get confusing, since states often use different words to mean the same thing or use the same words to describe different things. For a precise legal definition, you need to check the law in your state, but here are some general guidelines based on the definitions used by the U.S. Justice Department. 

Definitions

Rape is forced sexual intercourse, including vaginal, anal, or oral penetration. Penetration may be by a body part or an object.

Rape victims may be forced through threats or physical means. In about 8 out of 10 rapes, no weapon is used other than physical force. Anyone may be a victim of rape: women, men or children, straight or gay.

Sexual assault is unwanted sexual contact that stops short of rape or attempted rape. This includes sexual touching and fondling. (Some states use this term interchangeably with rape.)

So, how can you figure if what happened was rape? There are a few questions to consider.

There are three main considerations in judging whether or not a sexual act is consensual (which means that both people are old enough to consent, have the capacity to consent, and agreed to the sexual contact) or is a crime.

Are the participants old enough to consent? Each state sets an “age of consent,” which is the minimum age someone must be to have sex. People below this age are considered children and cannot legally agree to have sex. In other words, even if the child or teenager says yes, the law says no.

Legal Age for Consent

In most states, the age of consent is 16 or 18. In some states, the age of consent varies according to the age difference between the participants. Generally, “I thought she was 18” is not considered a legal excuse — it’s up to you to make sure your partner is old enough to legally take part.

Because laws are different in every state, it is important to find out the law in your state. You can call your local crisis center or the National Sexual Assault Hotline at 1.800.656.HOPE to find out more about the laws in your state.

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Do both people have the capacity to consent? States also define who has the mental and legal capacity to consent. Those with diminished capacity — for example, some people with disabilities, some elderly people and people who have been drugged or are unconscious — may not have the legal ability to agree to have sex.

These categories and definitions vary widely by state, so it is important to check the law in your state. You can call your local crisis center or the National Sexual Assault Hotline at 1.800.656.HOPE to find out more about the laws in your state.

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Did both participants agree to take part? Did someone use physical force to make you have sexual contact with him/her? Has someone threatened you to make you have intercourse with them? If so, it is rape.

It doesn’t matter if you think your partner means yes, or if you’ve already started having sex — “No” also means “Stop.” If you proceed despite your partner’s expressed instruction to stop, you have not only violated basic codes of morality and decency, you may have also committed a crime under the laws of your state (check your state’s laws for specifics).

Common Questions that Victims Ask

I didn’t resist physically – does that mean it isn’t rape?

People respond to an assault in different ways. Just because you didn’t resist physically doesn’t mean it wasn’t rape — in fact, many victims make the good judgment that physical resistance would cause the attacker to become more violent. Lack of consent can be express (saying “no”) or it can be implied from the circumstances (for example, if you were under the statutory age of consent, or if you had a mental defect, or if you were afraid to object because the perpetrator threatened you with serious physical injury).

Common Questions, continued

I used to date the person who assaulted me – does that mean it isn’t rape?

Rape can occur when the offender and the victim have a pre-existing relationship (sometimes called “date rape” or “acquaintance rape”), or even when the offender is the victim’s spouse. It does not matter whether the other person is an ex-boyfriend or a complete stranger, and it doesn’t matter if you’ve had sex in the past. If it is nonconsensual this time, it is rape. (But be aware that a few states still have limitations on when spousal rape is a crime.)

Common Questions, continued

I don’t remember the assault – does that mean it isn’t rape?

Just because you don’t remember being assaulted doesn’t necessarily mean it didn’t happen and that it wasn’t rape. Memory loss can result from the ingestion of GHB and other “rape drugs” and from excessive alcohol consumption. That said, without clear memories or physical evidence, it may not be possible to pursue prosecution (talk to your local crisis center or local police for guidance).

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I was asleep or unconscious when it happened – does that mean it isn’t rape?

Rape can happen when the victim was unconscious or asleep. If you were asleep or unconscious, then you didn’t give consent. And if you didn’t give consent, then it is rape.

I was drunk or they were drunk - does that mean it isn't rape?

Alcohol and drugs are not an excuse – or an alibi. The key question is still: did you consent or not? Regardless of whether you were drunk or sober, if the sex is nonconsensual, it is rape. However, because each state has different definitions of “nonconsensual”, please contact your local center or local police if you have questions about this. (If you were so drunk or drugged that you passed out and were unable to consent, it was rape. Both people must be conscious and willing participants.)

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I thought “no,” but didn’t say it. Is it still rape?

It depends on the circumstances. If you didn’t say no because you were legitimately scared for your life or safety, then it may be rape. Sometimes it isn’t safe to resist, physically or verbally — for example, when someone has a knife or gun to your head, or threatens you or your family if you say anything.

If you’ve been raped or sexually assaulted, or even if you aren’t sure, contact the National Sexual Assault Online Hotline or the National Sexual Assault Hotline (1-800-656-HOPE) for free, confidential help, day or night.

Statistics

Stats

Who are the Victims?

Breakdown by Gender and Age

Women

1 out of every 6 American women has been the victim of an attempted or completed rape in her lifetime (14.8% completed rape; 2.8% attempted rape).1

17.7 million American women have been victims of attempted or completed rape.1

9 of every 10 rape victims are female.

U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics

Violent crime

2003 - 7,679,050

2011 - 5,812,520

2012 - 6,842,590

Rape/sexual assault

2003 - 325,310

2011 - 244,190

2012 - 346,830

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Serious violent crime

2003 2011 2012

2,395,950 1,854,840 2,084,690

Serious domestic violence

1,480,920 1,354,910 1,259,390

Serious intimate partner violence

1,040,290 850,770 810,790

Victims of Sexual Assault are

Victims of sexual assault are:8

3 times more likely to suffer from depression.

6 times more likely to suffer from post-traumatic stress disorder.

13 times more likely to abuse alcohol.

26 times more likely to abuse drugs.

4 times more likely to contemplate suicide.

Women & Race

Lifetime rate of rape /attempted rape for women by race:1

All women: 17.6%

White women: 17.7%

Black women: 18.8%

Asian Pacific Islander women: 6.8%

American Indian/Alaskan women: 34.1%

Mixed race women: 24.4%

Results

Pregnancies Resulting from Rape

In 2012, 346,830 women were raped.9 According to medical reports, the incidence of pregnancy for one-time unprotected sexual intercourse is 5%. By applying the pregnancy rate to 346,830 female survivors, RAINN estimates that there were 17,342 pregnancies as a result of rape in 2012.

Children

Children

15% of sexual assault and rape victims are under age 12.3

29% are age 12-17.

44% are under age 18.3

80% are under age 30.3

12-34 are the highest risk years.

Girls ages 16-19 are 4 times more likely than the general population to be victims of rape, attempted rape, or sexual assault.

Men

Men

About 3% of American men — or 1 in 33 — have experienced an attempted or completed rape in their lifetime.1

In 2003, 1 in every ten rape victims were male.2

2.78 million men in the U.S. have been victims of sexual assault or rape.1

Reporting Rape

Should I Report My Attack to the Police?

We hope you will decide to report your attack to the police. While there's no way to change what happened to you, you can seek justice while helping to stop it from happening to someone else.

Reporting to the police is the key to preventing sexual assault: every time we lock up a rapist, we're preventing him or her from committing another attack. It's the most effective tool that exists to prevent future rapes. In the end, though, whether or not to report is your decision to make.

Am I required to report to police?

No, you are not legally obligated to report. The decision is entirely yours, and everyone will understand if you decided not to pursue prosecution. (You should be aware that the district attorney's office retains the right to pursue prosecution whether or not you participate, though it is uncommon for them to proceed without the cooperation of the victim. There are also times when a third party, such as a doctor or teacher, is required to report to authorities if they suspect sexual abuse of a child, or an elderly or disabled person. Visit ourMandatory Reporting Databases for Children and the Elderly to learn more.

Many victims say that reporting is the last thing they want to do right after being attacked. That's perfectly understandable — reporting can seem invasive, time consuming and difficult.

Still, there are many good reasons to report, and some victims say that reporting helped their recovery and helped them regain a feeling of control.

How do I report the rape to police?

Call 911 (or ask a friend to call) to report your rape to police. Or, visit a hospital emergency room or your own doctor and ask them to call the police for you. If you visit the emergency room and tell the nurse you have been raped, the hospital will generally perform a sexual assault forensic examination. This involves collecting evidence of the attack, such as hairs, fluids and fibers, and preserving the evidence for forensic analysis. In most areas, the local rape crisis center can provide someone to accompany you, if you wish. Call 1.800.656.HOPE to contact the center in your area.

Is there a time limit on reporting to the police?

There's generally no legal barrier to reporting your attack even months afterwards. However, to maximize the chances of an arrest and successful prosecution, it's important that you report as soon as possible after the rape. If you aren't sure what to do, it's better to report now and decide later. That way, the evidence is preserved should you decide to pursue prosecution.

Some states have statutes of limitations that bar prosecutions after a certain number of years. View information on your state.

What if I need time to think about whether I want to pursue prosecution?

Understandably, many people aren't ready to make the decision about prosecution immediately after an attack. It's normal to want time to think about the decision and talk it over with friends and family.

If you think you might want to pursue prosecution, but haven't decided for sure, we recommend that you make the police report right away, while the evidence is still present and your memory is still detailed. The district attorney will decide whether or not to pursue prosecution, however it is unusual for cases to proceed without the cooperation of the victim. And if prosecution is pursued, the chance of success will be much higher if you reported, and had evidence collected, immediately after the attack.

There's one additional consideration: If you are planning to apply for compensation through your state's Victim Compensation Fund, you will generally first have to report your attack to police to be eligible. Contact your local rape crisis center at 1.800.656.HOPE to learn about the rules in your state.